Can you libel a celeb in a fan fiction story?

[dangough]

I am thinking of writing a story about some celebrities. If I were to say that Mitt Demon was a sadistic sexual predator would that be libel? Of course I do not know the man so I cannot comment on his sexual proclivities but if I were to say such a thing would I get into trouble?

 

[RejectReality]

I'll let those who can better articulate the legal question ( SR71 ) handle that, but so far as the specific example you posted, it wouldn't fly.

Non-Con in the Celebrities category has been an automatic rejection for a couple of years now, at least.

 

[dangough]

I understand that Non-consensual sex is forbidden but what about a bit of role-play? If I were to say that Mitt Demon liked to pay prostitutes to act like they were being abused, would that be acceptable? Again, I do not know what he does in real life, but could he in my fan fiction story?

 

[Hypoxia]

PM Laurel and ask her. She's the only one who approves stories. We can give opinions. She will give you a ruling.

 

[Hard_Rom]

But why? If you used the above example with zero indication of such activities, I would think it would seriously take away from your story. Hardly fiction a 'fan' would write. And requires a complete suspension of belief.

 

[dangough]

I use the term fan fiction when I probably mean celebrity fantasy story. I guess What I really want to know is what constitutes libel and what can I put without fear of reprisal.

 

[Handley_Page]

I am thinking of writing a story about some celebrities. If I were to say that Mitt Demon was a sadistic sexual predator would that be libel? Of course I do not know the man so I cannot comment on his sexual proclivities but if I were to say such a thing would I get into trouble?

I reckon you'd need a very great deal of cash available for your legal team - just in case.
Frankly, I doubt its worth the effort. Invent a completely different name.

 

[Hard_Rom]

Search the terms libel, slander and defamation. Come to your own conclusions. No one here is a lawyer and I doubt any are willing to research the topic for you.

 

[lovecraft68]

I'd be curious to know if anyone would ever find out. I'd be surprised if they scour sites like this looking for slanderous porn stories.

That and I'm not sure where the law stands. For instance I heard several times over in the Story Ideas forum that DC comics is someone to be especially wary of, however there are full blown (pun intended) hardcore porn movies of DC characters out there.

That and my other thought is many times these ideas are rape and S/M oriented, usually the female celeb 'getting hers' in true frustrated real man fashion.

I guess its too hard for them to just stick to writing about fictional women getting raped, they need better visuals

 

[Bramblethorn]

Simplifying quite a bit: the *theory* of defamation law generally requires that the published material could harm the victim's reputation. If you can successfully argue that it would be obvious to readers that the claims are false, that's a defence; see e.g. the Jerry Falwell/Hustler lawsuit.

But in practice, people with deep pockets and expensive lawyers can usually draw things out long enough to bankrupt you with legal fees if they feel like it.

 

[lovecraft68]

Simplifying quite a bit: the *theory* of defamation law generally requires that the published material could harm the victim's reputation. If you can successfully argue that it would be obvious to readers that the claims are false, that's a defence; see e.g. the Jerry Falwell/Hustler lawsuit.

But in practice, people with deep pockets and expensive lawyers can usually draw things out long enough to bankrupt you with legal fees if they feel like it.

This is the reason my "The Trial of Christian Gray" which I wrote for fun and had him run afoul of my BDSM group "The Circle" will never see light of day.

I'd love to publish it, but I feel James is a litigious bitch which is hilarious considering her 'franchise' is based on a blatant rip off, and one she supposedly did pay for to some degree.

Too bad, I'd love to see the feedback I'd get for having Gray butt fucked by several women with strap on and that's after he catches a flat out beating from one of the male members of the group.

 

[Zeb_Carter]

Who the hell is Mitt Demon?

 

[dangough]

This has been interesting. I will not do any celebrity stories just in case. Mitt Demon is a satanic glove puppet.

 

[sr71plt]

If you had a living person doing something noxiously out of their public persona character (or their private persona if you couldn't point to evidence they were like that privately), yes it would be libel. It would be more actionable the less of a celebrity they were--the more private the person, the more they are protected. Catching up with it and getting something done about it with a fake name on an Internet Web site would be problematic. An easier target for suit would be the Web site itself, which would be at risk equally to the author by publishing it--which is why a Web site would keep a tight rein on publishing such material and might try all sorts of disclaimers (none of which would have any legal standing should it go to court, though).

The more that you slid off the actual person (like using "Matt Demon" rather than "Matt Damon") the more you'd be getting into parody in fiction, though, which has protections in its own right for authors.

 

[Handley_Page]

This is the reason my "The Trial of Christian Gray" which I wrote for fun and had him run afoul of my BDSM group "The Circle" will never see light of day.

I'd love to publish it, but I feel James is a litigious bitch which is hilarious considering her 'franchise' is based on a blatant rip off, and one she supposedly did pay for to some degree.

Too bad, I'd love to see the feedback I'd get for having Gray butt fucked by several women with strap on and that's after he catches a flat out beating from one of the male members of the group.

See oggbashan's story. I think it was "Danger, Naked Woman", which has just such a "revenge" incident.

 

[HandsInTheDark]

I am thinking of writing a story about some celebrities. If I were to say that Mitt Demon was a sadistic sexual predator would that be libel? Of course I do not know the man so I cannot comment on his sexual proclivities but if I were to say such a thing would I get into trouble?

Yes. Defamation laws in the US take a very dim view of maligning someone's sexuality. All Mr Damon would have to do is assert that there exists a person on Literotica who believed what you wrote - and Literotica has a lot of readers who believe what they read - and he's got a case. Literotica has thousands of readers on any given day.

https://en.wikipedia.org/wiki/Defamation#Libel

Would he prosecute? Odds are vanishingly low, unless you were especially heinous about it and he decided it might be useful to make a crushing example of you. But he'd be well within his rights. And he can afford better lawyers than you can.

So how does National Enquirer get away with it? They lie about celebs all the time, right? Read here: http://www.nytimes.com/1991/01/04/news/how-the-supermarket-tabloids-stay-out-of-court.html
It works for them. It's not going to work for you. And even the enquirer has had to pay out on rare occasion.

Writing about celebs is idiotic anyway - it puts you and your readers into the class of people who click on MSN Lifestyle links ("The Secret to the Perfect Swimsuit Lies in Your Zodiac Sign") and read World News Weekly.

 

[Hypoxia]

Writing about celebs is idiotic anyway - it puts you and your readers into the class of people who click on MSN Lifestyle links ("The Secret to the Perfect Swimsuit Lies in Your Zodiac Sign") and read World News Weekly.

Go on, defame Pet Rock collectors too.

I will *guess* that it's safer to defame a fictional character played by an actor, than the named actor themself. Mr Ripley should be a safer target than Matt Damon. As suggested, Matt Demon could likely be safely parodied. I would have no problem portraying Dan Tromp as a vicious perv -- very public figures should expect very public flaying.

But star-fucking an actor? Tacky...

 

[AMoveableBeast]

As long as you wander your way into satire and parody, you're fine.

Family Guy, South Park, Kid Notorious, Little Bush, A Modest Proposal, The Rape of the Lock, everything Mel Brooks has ever done, feature exacting lampoons on named celebrities or, at the least, recognizable stand-ins.

There is a long tradition of trolling celebrities. Legally, as long as it is presented in a obviously fictitious manner, which no one could mistake as a presentation of fact, you're fairly well protected.

Now, what Lit has to say about it is an entirely different manner. But legally, if you turn Mitt Demon, a blonde actor who is best friends with Ben Afflicted, into a Satanic booty-hunter, you're totally safe.

 

[sr71plt]

None of that is either sexual or deranged murderer material. Even parody has its limits.

And apart from all that there's the issue of common decency and being a prick.

 

[AMoveableBeast]

None of that is either sexual or deranged murderer material. Even parody has its limits.

And apart from all that there's the issue of common decency and being a prick.

No, only about eating babies.

Your second point still stands, of course.

 

[Zeb_Carter]

This has been interesting. I will not do any celebrity stories just in case. Mitt Demon is a satanic glove puppet.

My question was rhetorical.

But, if you use that name and describe him as such, you now have no problems at all.

 

[Giggolo_Joe]

...........

 

[HeyAll]

I think that a disclaimer on top of the story overrides everything.

Just like if you say all characters are over 18, then that defeats the consent rules.

 

[Handley_Page]

I think that a disclaimer on top of the story overrides everything.

Just like if you say all characters are over 18, then that defeats the consent rules.

Not a Bloody Hope.
A disclaimer is only the first part.
Subsequent parts are handled by expensive Lawyers.

 

[lovecraft68]

I think that a disclaimer on top of the story overrides everything.

Just like if you say all characters are over 18, then that defeats the consent rules.

How does being 18+ defeat the consent rules? Adults can't be raped?